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HomeMy WebLinkAboutOrdinance 4813 ORDINANCE NO. 4813 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05- 1734, PARADISE POINT, LOCATED WEST OF CROSSOVER, SOUTH OF JOYCE BOULEVARD, CONTAINING APPROXIMATELY 1 .55 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From RMF-24, Residential Multi-Family, 24 units per acre, to R-PZD 05- 1734 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2 : That the change in zoning classification is based upon the approved master development plan, development standards, and conditions of approval as submitted, determined appropriate and approved by the City Council. Section 3 : That this ordinance shall take effect and be in full force at such time as all of the requirements of the master development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 3`d day of January, 2006. TR Off6 pp'`rG APPROV • ; FAYETTEVILLEE. By: . = DAN COODY, Mayor ATTEST: By. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SO DRA SMITH, City Clerk Doe ID : 009660810002 Tvoe : REL Recorded : 02/ 15/2006 at 11 : 41 : 56 AM Fee Amt : $11 . 00 Pace 1 of 2 Mashlnoton County . AR Bette Stemos Circuit Clerk F11e2006-00006410 EXHIBIT "A" MDP R-PZD 05-1734 LOTS 1 AND 2 OF FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 THENCE NO2025'36"E 184.24 FEET; THENCE S88'07129"E 10.49 FEET; THENCE NO2 11 '58"E 4.23 FEET; THENCE S87 38'29"E 55 .34 FEET; THENCE S233810611E 99. 87 FEET; THENCE S86 00'07"E 248.30 FEET TO THE WEST RIGHT-OF-WAY OF ARKANSAS HIGHWAY 265 ; THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING THREE COURSES : THENCE 134.67 FEET ALONG A CURVE TO THE RIGHT HAVING A 914.93 FOOT RADIUS AND A 5105310311W 134.55 FOOT CHORD; THENCE S15014'01 "W 122.74 FEET; THENCE 45. 11 FEET ALONG A CURVE TO THE LEFT HAVING A 1175.73 FOOT RADIUS AND A S13 38'43 "W 45 . 10 FOOT CHORD; THENCE LEAVING SAID WEST RIGHT-OF WAY N86 33'20"W 40.99 FEET; THENCE N2847'51 "W 234.05 FEET; THENCE N85055123 11W 139.87 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .55 ACRES, MORE OR LESS . Washington County, AR I certify this instrument was filed on 02/15/2006 11 :41 :56 AM and recorded in Real Estate File Number 2008-00008410 Bette Stamps - Circuit C e by //3 / dG City of Fayetteville zf (f Staff Review Form City Council Agenda Items �? p,7 o5a73Y or /1 Contracts Para disc- %array 20-Dec-05 City Council Meeting Date Jeremy Pate b� Planning Operations Submitted By Division Department Action Required: MDP R-PZD 05- 1734: (Paradise Point, 177): Submitted by H2 Engineering, Inc. for property located west of Crossover, south of Joyce Boulevard. The property is zoned RMF-24, Residential Multi-Family, 24 units per acre, and contains approximately 1 .55 acres. The request is to approve a Master Development Plan - Residential Planned Zoning District with 12,065 s.f. of retail space, 12 residential units, and 55 parking spaces. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Departmei t erector Date Original Contract Date: n/a Original Contract Number: n/a / 0 - Z - OJ city Attorye Received in City Clerk's Office � �EQ Finahce a d Internal Service Director Date Received in Mayor's Office EN Mayor Date Comments: /��Y' en �/it .St.�Oir � �Qclins /d �aO�R3 City Council Meeting of December 20, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: December O1 , 2005 Subject: Residential Planned Zoning District for Paradise Point (R-PZD 05- 1734) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Residential Planned Zoning District (R-PZD) for Paradise Point, based on the Master Development Plan, development standards, statement of commitments, and detailed large scale development plans submitted. This action will establish a unique zoning district for a multi-use project on approximately 1 .55 acres located east of Crossover Road (Hwy 265) and south of Joyce Boulevard. BACKGROUND The subject property consists of approximately 1 .55 acres located west of Crossover Road and the UAMS Campus. It is currently zoned RMF-24 and surrounded by a golf course to the west and south. The applicant requests a rezoning and large scale development approval for a mixed use development within a unique R-PZD zoning district. The proposed, self-described "New Orleans" style building will be two stories with 11 residential units on the second floor and one residential unit with 12,065 square feet of retail/office retail space on the first floor. DISCUSSION The Planning Commission voted 9-0-0 in favor of this request on November 28, 2005. A Planned Zoning District requires City Council approval as it includes zoning, land use, and development approval. Recommended conditions were amended and approved by the Planning Commission and are reflected in the attached staff report. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05- 1734, PARADISE POINT, LOCATED WEST OF CROSSOVER, SOUTH OF JOYCE BOULEVARD, CONTAINING APPROXIMATELY 1 .55 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN. BE IT ORDAINED BY THE CITY COUNCIL'" 'OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classificationof�Ilowing describ roperty is hereby changed as follows: From RMF-24, Residential Multi-Family, 24 units per acre, to R-PZD 05-1734 as shown in Exhibit "A" attached hereto ands ade a part her 6` Section 2. That the chan\ -, in z �class�a'tion is based upon the g .. g approved master development plan, �devepment ndards, and conditions of approval as submitted�et re tuned appropriate and approved by the City Council. Section 3.�That t� ordinance shallvtake effect and be in full force at such time as all of the requirem ents of the.mast development plan have been met. �- Secfio� n 4. That the official zoning map of the City of Fayetteville, Arkansas, is hGer-e-�by amende\reflect the'zoning change provided in Section 1 above. y PASSED AND APPROVED this day of , 2005. APPROVED: By: DAN COODY, Mayor By: SONDRA SMITH, City Clerk EXHIBIT "A" MDP R-PZD 05-1734 LOTS 1 AND 2 OF FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23 , CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTWEST CORNER OF SAID LOT 1 THENCE NO2025'36"E 184.24 FEET; THENCE S88007'29"E 10.49 FEET; THENCE N0201 1 '58"E 4.23 FEET; THENCE S87038'29"E 55 .34 FEET; t THENCE S23038'06"E 99.87 FEET; THENCE S86000'07"E 248.30 FEET TO THE WEST RIGHT-OF-WAY; OF ARKANSAS HIGHWAY 265; THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING THREE COURSES : THENCE 134.67 FEET ALONG A CURVE TO'THE RIGHT HAVING A 914.93 FOOT RADIUS AND A S 10053103"W 134.55 FOOT CHORD; THENCE S15° 14'01 "W 122.74 FEET;: ` THENCE 45. 11 FEET ALONG A CURVEUTO THE LEFT*I-IA*VING A 1175.73 FOOT RADIUS AND A S 13°38'43 "W 45. 10 FOOT CHORD; THENCE LEAVING SAID WEST RIGHTk OF.?WA�1'&8603'20"W 40.99 FEET; THENCE N28047'51 "W234 053FEET; ' THENCE N85055'23"W 139.87�FEET TO THE POINT OF BEGINNING, CONTAINING 1 .55 ACRES, MORE OR LESS!, *.,. Taye LZ I i PC Meeting of November 28, 2005 NSAS THE CITY OF FAYE "FTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: November 21 , 2005 Updated December 2, 2005 R-PZD 05-1734: Planned Zoning District (PARADISE POINT, 177): Submitted by H2 ENGINEERING, INC. for property located at W OF CROSSOVER, S OF JOYCE BLVD. The property is zoned RMF-24, Residential Multi-Family — 24 units per acre, and contains approximately 1 .55 acres. The request is to approve a Residential Planned Zoning District with 12,065 s.f. of retail space, 12 residential units (24 bedrooms) and 55 parking spaces proposed. Property Owner: KIRK ELSASS Planner: SUZANNE MORGAN Findings: Property Description: The subject property consists of approximately 1 .55 acres located west of Crossover Road and the UAMS Campus. It is currently zoned RMF-24 and surrounded by a golf course to the west and south. Proposal: The applicant requests a rezoning and large scale development approval for a mixed use development within a unique R-PZD zoning district. The proposed New Orleans style building will be two stories with 1 I residential units on the second floor and one residential unit with 12,065 square feet of retail/office retail space on the first floor. Surrounding Land Use/Zoning: Direction Land Use Zoning North UAMS Campus R-O, C- 1 South Golf Course RMF-24 East Vacant R-O West Golf Course RMF-24 K:IReports120051PC Reports)11-28-0518-PZD 05-1734 (Paradise Poinl) CCFinaldo The following bulk and area regulations are proposed by the applicant: (A) Proposed Uses. Permitted uses Use Unit 1 City-wide uses by right Use Unit 2 City-wide uses by conditional use permit Use Unit 5 Government Facilities Use Unit 12 Offices, studios, and related services Use Unit 15 Neighborhood Shopping Goods Use Unit 16 Shopping Goods Use Unit 17 Trades and Services UseUnit 24 Home occupations Use Unit 25 Professional Offices Use Unit 26 Multi-family Dwellings Conditional Uses Unit 2 City-wide uses by conditional use permit Use Unit 13 Eating Places Use Unit 36 Wireless Communication Facilities (B) Density. 11 Units per acre 7.7 (C) Bulk and area regulations. Lot minimum width 40 feet 11 Lot area minimum 1 .55 acres 11 Land area Rer dwelling unit 5,625 square feet maximum (E) Setback requirements. Front Building Setbacks: 50' . Rear Building Setback: 3 ' Side Building Setback: 3 ' (F) Height. 35 ' maximum height (G) Building area. 19.9% of site. Water & Sewer: Water and sewer lines are being extended to serve the development. Access: The applicant has proposed access to the development from Hwy 265 and an access easement through the U of A Medical Sciences campus to the north. At this time, the applicant K.-Weports120051PC Reporisll f-28-0518-PZD 05-1734 (Pmadtse Point)_CCFinal.doc has not received approval of the proposed access to the north. Staff recommends that should this access easement not be obtained by the developer prior to building permit consideration, that the project be reconsidered by the Planning Commission to determine if with one access to Crossover Road/Hwy 265 that safe and adequate means for traffic is provided. Adjacent Master Street Plan Streets: Hwy 265 (Crossover Road) — Principal Arterial Street Improvements: Staff recommends street improvements on Hwy 265 to include the construction of a sidewalk. Parks: Park fees are due for 12 multi-family dwellings. Tree Preservation: Existing: 23% Preserved: 13% Required: 23% Mitigation will be required to replace 6014 square feet of canopy. The applicant has chosen to do a combination of on-site planting and a deposit into the Tree Escrow Account. Recommendation: Staff recommends forwarding the Master Development Plan — Planned Zoning District for Paradise Point (R-PZD 05- 1734), to the City Council for approval with the following conditions: The Planning Commission voted 8-1-0 to approve an amendment to Condition #17 with Commissioner Anthes voting no. The Planning Commission voted 9-0-0 for approval of the rezoning and development approval with the following amended conditions: Conditions of Approval: 1 . Planning Commission determination of street improvements. Staff recommends construction of a 6 ' sidewalk along Hwy 265, adjacent to the Master Street Plan right- of-way. 2. Planning Commission determination of commercial design standards. Staff finds that the proposed elevations are compliant with Commercial Design Standards and the intent of the architectural design criteria listed within the Master Development Plan Project Booklet. The Subdivision Committee found in favor of the proposed elevations and supported the modification of the building material of the western elevation from brick to siding. The Planning Commission voted to approve the commercial design standards. K:IReports120051PC Reporis111-28-0518-PW 05-1734 (Paradise Point)_CCFina1.dm 3. Planning Commission determination of safe and adequate access to the subject property. The applicant has proposed access to the development from Hwy 265 and an access easement through the UofA Medical Sciences campus to the north. At this time, the applicant has not received approval of the proposed access to the north. Staff recommends that should the applicant not obtain a perpetual access easement to the property to the north prior to the issuance of a building permit, the application shall be resubmitted to the Planning Commission for evaluation of safe and adequate means of access and traffic patterns. The Planning Commission recommended approval with a second access and the allowance for this second access to the north to be moved west of where currently proposed The plat has been revised to show a secondary access to the north along the western property line. The addition of parking has also been shown as part of the proposed access to serve the property to the north. Prior to construction of this parking area all necessary permits for construction shall be obtained 4. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. 5. If grading within 5 ' feet of any property line, the applicant shall obtain written approval from the adjacent property owner. 6. The applicant shall submit a lighting plan and cut sheets which meet City ordinance requirements to the Planning Division for review at the time of building permit. 7. Dedication of right-of-way for Hwy 265 by warranty deed prior to issuance of a building permit. 8. The off-site utility easement to the south of the property and access easement to north shall be obtained by separate document prior to issuance of a building permit. 9. The existing utility easement on the property that is within the proposed building . . , footprint shall be vacated prior to the issuance of a building permit. 10. Parking requirements shall be met at all times. The required parking numbers may increase should one or more tenant spaces be modified to a use that requires more parking than retail. 11 . Parks fees for 12 multi-Family Units are due in the amount of $4,716 prior to issuance of a building permit. 12. The applicant shall mitigate for the removal of tree conopy by planting 17 trees, contributing $4,250, or a combination thereof. Species and location of mitigation trees K.9Repo is110051PC Repo tAl1-18-0518-M 05-1734 (Paradise Poinr)_CC FimUm shall be approved by the Urban Forester. 13. Signs shall be permitted in accordance with the R-O, Residential Office, zoning district regulations. 14. Permitted uses within this R-PZD shall be restricted to Use Unit 1 : City-wide Uses by right; Use Unit 5 : Government Facilities; Use Unit 12 : Offices, studios, and related services; Use Unit 15 : Neighborhood Shopping Goods; Use Unit 16: Shopping Goods; Use Unit 17. Trades and Services; Use Unit 24: Home Occupations; Use Unit 25: Professional Offices; and Use Unit 26: Multi-family Dwellings. 15. Conditional uses within this R-PZD shall be restricted to Use Unit 2: City wide Uses by Conditional Use; Use Unit 13 : Eating Places; and Use Unit 36: Wireless Communication Facilities. 16. The applicant shall address all comments on the attached Landscape Plan Review and Tree Preservation Review, which shall be considered as part of the official conditions of approval. 17. The project shall be constructed in one phase. All required permits to construct the proposed development shall be issued within 3 2 (two) years of City Council approval. Standard Conditions of Approval: 18. Street lights shall be installed with a maximum separation of 300 feet along Hwy 265 (Crossover Road). 19. Three bike racks shall be installed on the property within 50' of the entrance and in accordance with the requirements of Ch. 172. 10 of the Unified Development Code and clearly identified on the site plan for building permit review. 20. Trash enclosures shall be screened on a minimum of three (3) sides with materials that are complimentary to and compatible with the proposed building. Elevations of the enclosure shall be submitted for review at the time of building permit application. Access to the enclosure shall not be visible from the street, pursuant to city ordinance. 21 . All mechanicaUutility equipment shall be screened using materials that are compatible with and incorporated into the structure. 22. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 23 . Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat K:IReportst2005WC Reparisll1-28-051R-PZD 05-1734 (Paradise Point)_CCFinaldoc review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 24. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. 25. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. b. Separate easement plat for this project that shall include the tree preservation area. C. Project Disk with all final revisions d. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by § 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. The applicant has made the requested modifications to the plat and the project booklet. Additional Conditions: Planning Commission Action: O Approval O Forwarded to P.C. Meeting Date: November 28, 2005 Comments: The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date K.tRepora120051PCReporis)11-28-0518-PZD 05-1734 (Paradise Point)_CCFinaldoc